Law Paper 2 - Section A - The Literal Rule of Statutory Interpretation Flashcards
(16 cards)
What is Statutory Interpretation?
Statutory Interpretation involves the role of judges when applying an Act of Parliament to an actual case.
Why is the wording of an Act of Parliament important?
Correct wording is essential to change existing laws, create new laws, or codify common law.
How do UK statutes differ from European Laws?
UK statutes have strict definitions for uniformity, while European Laws allow judges flexibility to apply the law justly.
What challenges arise from the English language in statutory interpretation?
Ambiguity in language can lead to problems, as words may have multiple meanings or change in meaning over time.
What is the Literal Rule in statutory interpretation?
The Literal Rule involves judges taking the ordinary, literal meaning of words, but it can lead to absurd results.
What is an example of ambiguity in statutory language?
The Dangerous Dogs Act (1991) refers to ‘any dog of the type known as the pit bull terrier’, which can be problematic.
What is a drafting error in statutory interpretation?
Parliament can make mistakes, as seen in Fisher v Bell (1961), where ‘offer for sale’ had a technical meaning in contract law.
How can changes in language affect statutory interpretation?
The meaning of words can evolve, as illustrated in Cheeseman v DPP (1990).
What was the outcome of Cheeseman v DPP?
Mr. Cheeseman was acquitted because the court found that police officers were not ‘passengers’ under the law.
What is ambiguity in statutory interpretation?
Ambiguity occurs when a word has two or more meanings, making it unclear which meaning should be applied.
What was the case of R v Bassett (2008) about?
Bassett was charged with voyeurism, but the court had to decide if he had illicitly seen breasts or genitals.
What issue arose in Royal College of Nursing v DHSS (1981)?
The court considered whether the Abortion Act 1967’s wording about a ‘registered medical practitioner’ was outdated due to medical advances.
What was the outcome of Fisher v Bell (1961)?
The shopkeeper was acquitted because displaying a flick knife was not considered an ‘offer for sale’ under contract law.
What was the significance of Whiteley v Chappell (1868)?
The defendant impersonated a dead person, which was not an offence since dead people are not entitled to vote.
What was the ruling in London & North Eastern Railway Co v Berriman (1946)?
Compensation was denied because the Act specified compensation only for deaths occurring while ‘relaying or repairing’ the track.
What was the outcome of R v Bentham (2005)?
Bentham was found not guilty because the court ruled that ‘possession’ did not include one’s own body parts.
